Non-Disclosure Agreement and Confidential Purchaser's Profile

Non-Disclosure Agreement & Confidential Purchaser's Profile

Dear Prospective Purchaser, We appreciate your interest in the opportunity that is being offered through our company. As listing Brokers, our Marketing Agreement with the seller states that we will only expose the detailed and discreet information about their businesses to potential buyers who have been pre-qualified. Information we would receive from you is not shared with the seller because we are TRANSACTION BROKERS, we are not working as “Seller’s Agents” as the majority of licensed and unlicensed business brokers designate their agency with you as a buyer. As TRANSACTION BROKERS, it is our responsibility to treat all parties fairly and honestly but not to put either party at a disadvantage in the transaction. If we were dealing with you as a Seller’s Agent we would be bound to disclose this information to the Seller and we would feel the same apprehension in releasing this information. What does being a “Qualified Buyer” mean? Qualified means that you have the ability to purchase the business outright for cash or you have enough of a down payment and a sufficient net worth in order to qualify for a loan. We would ask that you put yourself in the place of the seller and consider if you would be comfortable providing financial information about your business to just anyone that is willing to sign a nondisclosure but that really has no capability of purchasing the business? We are not implying that this is your situation as we are not treating you any different from any other buyer. We have dealt with buyers that have $50,000 to $50 million and they have all provided financial information as to their ability to purchase or they have provided us with banker contact information that can confirm their purchasing ability. We hope the foregoing helps you understand why we have this policy. Thank you in advance for your understanding.

CONTACT INFORMATION

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NON-DISCLOSURE AGREEMENT

Potential Purchaser as a principal/employee/officer and/or direct authorized agent hereby acknowledges that the identity of Sellers and confidential information of Sellers and their businesses, including but not limited to, records, studies, and trade practices, trade secrets, and employee information will be disclosed to me by National Business Brokers, Ltd. These disclosures will be given in SECRECY AND CONFIDENCE and used for the sole purpose of assessing the prospective purchase of a business through National Business Brokers, Ltd.THE SELLER IS HEREBY DESIGNATED AS A THIRD PARTY BENEFICIARY TO THIS AGREEMENT.

I agree not to disclose any of the confidential information given in connection herewith, either directly or indirectly, to third parties except such limited third parties as are necessary to assess the prospective purchase of a business or to complete the same; provided that I shall ensure that all such third parties preserve all confidential information shared with them. I also agree not to use, or permit or assist others to use, directly or indirectly, any such information to the detriment of the business, and I agree not to circumvent National Business Brokers, Ltd., in any transaction. Further, I agree not to contact the Seller, his employees, suppliers and/or customers of the business directly, and to channel all correspondence, negotiations, inquiries, investigation, and purchase offers, if any, directly through National Business Brokers, Ltd., unless specifically authorized in writing to negotiate directly with the Sellers.

I acknowledge that any breach of this Non-Disclosure Agreement, directly or indirectly, shall be deemed irreparably harmful to National Business Brokers, Ltd., and Seller, and that all remedies at law or equity will be available to National Business Brokers, Ltd., and/or Seller for any such breach or threatened breach. I agree that this Non-Disclosure Agreement will be governed by the laws of the State of Colorado. In the event National Business Brokers, Ltd., and/or Seller must commence legal action to enforce the provisions of this agreement, I agree to pay all fees, expenses, and interest, at the maximum allowable by Colorado Law, including reasonable attorney fees, which National Business Brokers, Ltd., and/or Seller may incur. Any actions commenced to enforce or interpret this Agreement shall be brought in the District Court for the City and County of Denver, State of Colorado.

It is understood that this Agreement applies to any information supplied by National Business Brokers, Ltd., verbally or in writing whether supplied prior to or after the date hereof.

This also acknowledges that the undersigned buyer(s) have been advised that National Business Brokers, Ltd., is acting as a Transaction Broker.

PURCHASER'S PROFILE

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FINANCIAL SUMMARY

As Transaction Brokers this information is not released to the Seller, other than to tell the seller if a buyer is qualified or not qualified in our opinion, and if they are qualified we are authorized to send you additional information.
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BY RE-ENTERING YOUR DATE OF BIRTH, POTENTIAL PURCHASER AGREES TO THE FOREGOING TERMS AND CONFIRMS THE ACCURACY OF THE INFORMATION SUBMITTED. ENTER THE SECURE CODE PHRASE BELOW AND THEN CLICK ENTER TO SUBMIT. YOU WILL RECEIVE A THANK YOU SCREEN WHEN COMPLETED PROPERLY AND A COPY OF THE INFORMATION YOU SUBMITTED.
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